How to prove a zero balance and formally close your spouse’s estate in Nevada
Quick overview: If your spouse’s estate has no remaining assets and all known debts are paid or otherwise resolved, you can ask the probate court to close the estate. To persuade the court you have a zero balance, you must prepare and file documents that show the estate’s inventory, accounting, payment or resolution of debts, and proper notice to interested people. The court will review your filings, give interested persons a chance to object, and then sign an order discharging the personal representative and closing the estate.
Disclaimer: This article explains general Nevada probate concepts and is not legal advice. For help tailored to your situation, consult a Nevada probate attorney.
Legal framework (where to look)
Probate in Nevada is governed by the Nevada Revised Statutes (see the statutes on administration of estates). For the statute text and specific filing requirements, start at the Nevada Legislature’s online statutes: NRS Chapter 146 — Administration of Estates. The Nevada court website also publishes probate self-help materials and local court forms: Nevada Courts — Probate Self Help.
Step-by-step: Proving a zero balance and closing the estate
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Confirm whether probate has been opened.
If no probate case exists, determine whether one is required. If there are no probate assets at all, Nevada may permit summary procedures or small-estate processes in some circumstances—check court resources or seek legal advice.
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Gather and document all financial information.
Collect bank statements, account ledgers, cancelled checks, certificates of deposit, brokerage statements, title documents, insurance proceeds documentation, and creditor statements. The court will expect clear documentary support showing the estate’s asset history and current balances.
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Prepare a full inventory and final accounting.
Even when the balance is zero, you should file an inventory or account that lists: (a) every asset that ever belonged to the estate or passed through probate, (b) how each asset was handled (sold, transferred, paid out, or not applicable), and (c) the closing balances (showing zero). Label exhibits clearly (bank excerpts showing $0, receipts, cancelled checks, transfer documents).
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Show payment or resolution of debts and expenses.
Provide proof that funeral expenses, administrative costs, taxes, and creditor claims were paid or properly disallowed. Useful items: paid invoices, receipts, bank withdrawals, creditor release letters, and court orders disallowing claims. If creditors were given notice and filed no claims, include proof of that notice.
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Provide formal affidavits and a proposed order.
Common filings to request closing include: a Final Account and Report; an Affidavit of Personal Representative (attesting to the truth of the account and the zero balance); a Petition for Final Distribution and Discharge (or similar closing request); and a proposed Decree/Order closing the estate. The affidavit should identify the estate, summarize the account, and state there are no remaining assets or debts. Attach supporting exhibits.
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Give required notice to interested persons and creditors.
Nevada procedure requires notice to heirs, beneficiaries, and sometimes published notice to creditors, depending on how the case began and the court’s orders. File proof of service of notice with the court. Keeping careful proof that you notified all interested parties reduces the chance of later objections.
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File the documents and request a hearing (if required).
Some courts will close the estate on submitted papers if there are no objections. Others require a short hearing. Check local court rules or the probate clerk for the court’s practice. If a hearing is set, be prepared to explain the accounting and produce originals of key exhibits.
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Obtain the court’s order and record proof of closure.
When the judge signs the order discharging the personal representative and closing the estate, file the signed order in the probate file. Keep certified copies for banks, title companies, or any institutions that may later need proof the estate was closed.
What specific evidence convinces the court you have a zero balance?
- Complete bank statements showing final balance(s) of $0 and a clear timeline of withdrawals/transfers that paid expenses.
- Cancelled checks or electronic payment confirmations for funeral costs, taxes, and creditor payments.
- Receipts, invoices, and paid bills for estate administration expenses.
- Creditor correspondence or releases showing claims were satisfied or properly rejected.
- An affidavit from the personal representative attesting that no other assets exist to their knowledge, accompanied by a sworn statement of the final account.
- Proof of notice to heirs/beneficiaries and a list of who received notice.
Sample exhibit list to attach
- Exhibit A — Formal inventory (itemized list of estate property and disposition).
- Exhibit B — Final bank statements showing $0 balance.
- Exhibit C — Copies of cancelled checks/transaction history showing payments.
- Exhibit D — Creditor releases or proof that no claims were filed after notice.
- Exhibit E — Affidavit of Personal Representative swearing to the truth of the accounting.
- Exhibit F — Proposed Decree/Order of final distribution and discharge.
Timing and common problems
Even a seemingly simple zero-balance closing can get delayed by:
- Unnoticed creditors or unpaid taxes.
- Disputes between heirs over whether an asset belonged to the decedent personally or to a beneficiary outside probate.
- Missing documentation or ambiguous account records.
To avoid delays, thoroughly search records, provide clear receipts, and be proactive in notifying anyone with a potential interest. If a disputed claim appears, the estate may need a hearing or additional filings.
Helpful hints
- Keep a checklist and label every exhibit before filing. Judges and clerks appreciate organized files.
- Obtain written releases from major creditors when possible. A signed release is stronger than an unpaid or stale claim.
- Keep original documents safe. Bring originals to any hearing and provide copies to the court and interested parties.
- Check for required tax filings (estate or income tax). A tax clearance or proof that no return is due helps avoid later reopening of the estate.
- Contact the probate clerk early to confirm local form names and whether a hearing is required in your county.
- Consider a short consultation with a Nevada probate attorney if you find unexpected assets, creditor disputes, or tax questions.